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RULES OF THE 


Committee on Elections No. 1 


SIXTY-THIRD CONGRESS 


AND STATUTES OF THE UNITED 
STATES IN RELATION TO 
CONTESTED ELECTIONS 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1913 







RULES OF THE 

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Committee on Elections No. 1 


SIXTY-THIRD CONGRESS 


AND STATUTES OF THE UNITED 
STATES IN RELATION TO 
CONTESTED ELECTIONS 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1913 




COMMITTEE ON ELECTIONS NO. 1, 

Sixty-third Congress. 

[Committee room, room 297, House Office Building. Telephone 592. Meets on call.] 

J. D. POST, Chairman .Of Ohio. 

HUBERT D. STEPHENS.Of Mississippi. 

CHARLES R. CRISP....Of Georgia. 

GEORGE McCLELLAN.....Of New York. 

CHARLES M. BORCHERS.Of Illinois. 

WALTER ELDER..'.Of Louisiana. 

BURTON L. FRENCH.Of Idaho.* 

JAMES A. FREAR. Of Wisconsin. 

WALTER M. CHANDLER.Of New York. 


( 2 ) 


Frank Miller, Cleric. 












RULES 


OF THE 

COMMITTEE ON ELECTIONS NO. 1, HOUSE OF REPRESENTATIVES. 


1. All proceedings of the Committee on Elections No. 1 shall be 
recorded in the Journal, which shall be signed daily by the clerk. 

2. No paper shall be removed from the committee room without 
the permission of the committee, except for the purpose of being 
printed or used in the House. 

3. Oral arguments may be heard for such time as the committee 
may allow, not exceeding one hour and a half on each side, unless 
otherwise ordered. 

4. After any contested-election case, of any question pertaining 
thereto, has been argued and submitted to the committee and the 
committee is ready to proceed with the case there shall be allowed to 
the members thereof three hours for debate, at the expiration of 
which time a vote shall be taken upon the pending proposition, unless 
otherwise ordered. The time allowed for debate in the committee 
shall be divided as follows: Those favoring the proposition shall 
open in one hour; those opposing shall follow in one hour and a 
half; and the former shall close in a half hour, unless otherwise 
ordered. 

When the debate has been closed and the committee is ready to 
decide, the chairman shall take the opinion of each member of the 
committee separately. Each member of the committee, when thus 
called upon, shall announce his opinion. 

5. No person shall be present during any consultation of the com¬ 
mittee except the members and clerk. 

6. All papers referred to the committee shall be entered on the 
docket by the House docket clerk according to the number of the 
packages, and they shall be identified upon the docket. 

7. Nothing contained in these rules shall prevent the committee, 
when Congress is in session, from ordering briefs to be filed and a 
case to be heard at any time the committee may determine. 

8. The foregoing rules shall not be altered or amended except by a 
vote of a majority of all the members of the committee. 

CONTESTED ELECTIONS. 

“Each House shall be the judge of the elections, returns, and 
qualifications of its own Members.”— Const.,1, 5, 5. 

Whenever any person intends to contest an election of any Mem¬ 
ber of the House of Representatives of the United States, he shall, 
within thirty days after the result of such election shall have been 
determined by the officer or board of canvassers authorized by law 
to determine the same, give notice in writing, to the Member whose 

95625—12 (3) 



4 


seat he designs to contest, of his intention to contest the same, and, 
in such notice, shall specify particularly the grounds upon which he 
relies in the contest.— R. S., sec. 105. 

Any Member upon whom the notice mentioned in the preceding 
section may be served shall, within thirty days after the service 
thereof, answer such notice, admitting or denying the facts alleged 
therein, and stating specifically any other grounds upon which he 
rests the validity of his election; and shall serve a copy of his answer 
upon the contestant.— R. S., sec. 106. 

In all contested-election cases the time allowed for taking testi¬ 
mony shall be ninety days, and the testimony shall be taken in the 
following order: The contestant shall take testimony during the 
first forty days, the returned Member during the succeeding forty 
days, and the contestant may take testimony in rebuttal only during 
the remaining ten days of said period.— R. S., sec. 107. 

By the act of March 2, 1875 ( Laws 2, 43, p. 338), it is provided 
that sec. 107, R. S., shall be construed as requiring all testimony in 
cases of contested election to be taken within ninety days from the 
day on which the answer of the returned Member is served upon the 
contestant. 

The party desiring to take a deposition under the provisions of 
this chapter shall give the opposite party notice, in writing, of the 
time and place when and where the same will be taken, of the names 
of the witnesses to be examined, and their places of residence, and of 
the name of any officer before whom the same will be taken. The 
notice shall be personally served upon the opposite party, or upon 
any agent or attorney authorized by him to take testimony or cross- 
examine witnesses in the matter of such contest, if by the use of 
reasonable diligence such personal service can be made; but if by 
the use of such diligence personal service can not be made, the serv¬ 
ice may Be made by leaving a duplicate of the notice at the usual 
place of abode of the opposite party. The notice shall be served so 
as to allow the opposite party sufficient time by the usual route of 
travel to attend, and one day for preparation, exclusive of Sundays 
and the day of service. Testimony in rebuttal may be taken on five 
days’ notice.— B. S., sec. 109. 

Testimony in contested-election cases may be taken at two or more 
places at the same time.— R. S., sec. 109. 

When any contestant or returned Member is desirous of obtaining 
testimony respecting a contested election he may apply for a sub¬ 
poena to either of the following officers who may reside within the 
congressional district in which the election to be contested was held: 

First. Any judge of any court of the United States. 

Second. Any chancellor, judge, or justice of a court of record of 
any State. 

Third. Any mayor, recorder, or intendant of any town or city. 

Fourth. Any register in bankruptcy or notary public.— B. S., sec. 

110 . 

The officer to whom the application authorized by the preceding 
section is made shall thereupon issue his writ of subpoena, directed 
to all such witnesses as shall be named to him, requiring their 
attendance before him, at such time and place named in the subpoena, 
in order to be examined respecting the contested election.— B. S., 
sec. 111. 


5 


In case none of the officers mentioned in section 110 are residing 
in the congressional district from which the election is proposed to 
be contested, the application thereby authorized may be made to any 
two justices of the peace residing within the district, and they may 
receive such application and jointly proceed upon it.— R. S., sec. 112. 

It shall be competent for the parties, their agents or attorneys, 
authorized to act in the premises, by consent in writing, to take depo¬ 
sitions without notice; also, by such written consent to take deposi¬ 
tions (whether upon or without notice) before any officer or officers 
authorized to take depositions in common law, or civil actions, or in 
chancery, by either the laws of the United States or of the State in 
which the same may be taken, and to waive proof of the official 
character of such officer or officers. Any written consent given as 
aforesaid shall be returned with the depositions.— R. S., sec. 113. 

Each witness shall be duly served with a subpoena, by a copy 
thereof delivered to him or left at his usual place of abode at least 
five days before the day on which the attendance of the witness is 
required.— R. S., sec. 11 4. 

No witness shall be required to attend an examination out of the 
county in which he may reside or be served with a subpoena.— R. S., 
sec. 115. 

^ Any person who, having been summoned in the manner above 
airected, refuses or neglects to attend and testify, unless prevented 
by sickness or unavoidable necessity, shall forfeit the sum of twenty 
dollars, to be recovered with costs of suit, by the party at whose 
instance the subpoena was issued, and for his use, by an action of 
debt, in afty court of the United States; and shall also be liable to 
an indictment for a misdemeanor, and punished by a fine and 
imprisonment.— R. S., sec. 116. 

Depositions of witnesses residing outside of the district and beyond 
the reach of a subpoena may be taken before any officer authorized 
by law to take testimony in contested-election cases in the district 
in which the witness to be examined may reside.— R. S., sec. 117 . 

The party notified as aforesaid, his agent or attorney, may, if he 
sees fit, select an officer (having authority to take depositions in such 
cases) to officiate with the officer named in the notice in the taking of 
the depositions; and if both such officers attend, the depositions shall 
be taken before them both, sitting together, and be certified by them 
both. But if any one of such officers attend, the deposition may bo 
taken before and certified by him alone.—/?. S., sec. 118. 

At the taking of any depositions under this chapter either party 
may appear and act in person or by agent or attorney.— R. S., sec. 
H9. 

All witnesses who attend in obedience to a subpoena, or who attend 
voluntarily at the time and place appointed, of whose examination 
notice has been given, as provided by this chapter, shall then and 
there be examined, on oath, by the officer who issued the subpoena, or, 
in case of his absence, by any other officer who is authorized to issue 
such subpoena, or by the officer before whom the depositions are to 
be taken by written consent, or before whom the depositions of wit¬ 
nesses residing outside the district are to be taken, as the case may 
be, touching all such matters respecting the election about to be con¬ 
tested as shall be proposed by either of the parties or their agents.—■ 
R. S.. sec. 120. 


6 


The testimony to be taken by either party to the contest shall be 
confined to the proof or disproof of the facts alleged or denied in the 
notice and answer mentioned in sections one hundred and five and one 
hundred and six.— R. S., sec. 121. 

The officer shall cause the testimony of the witnesses, together 
with the questions proposed by the parties or their agents, to be 
reduced to writing in his presence, and in the presence of the parties 
or their agents, if attending, and to be duly attested by the witnesses, 
respectively.— R. S., sec. 122. 

The officer shall have power to require the production of papers; 
or on the refusal or neglect of any person to produce and deliver up 
any paper or papers in his possession pertaining to the election, or 
to produce and deliver up certified or sworn copies of the same in 
case they may be official papers, such persons shall be liable to all 
the penalties prescribed in section one hundred and sixteen. All 
papers thus produced, and all certified or sworn copies of official 
papers, shall be transmitted by the officer, with the testimony of 
the witnesses, to the Clerk of the House of Representatives.— R. S., 
sec. 123. 

The taking of testimony may, if so stated in the notice, be ad¬ 
journed from day to day.— R. S., sec. 121f. 

The notice to take depositions, with the proof or acknowledgment 
of the service thereof, and a copy of the subpoena, where any has 
been served, shall be attached to the depositions when completed.— 
R. S., sec. 125. 

A copy of the notice of contest, and of the answer of the returned 
Member, shall be prefixed to the depositions taken, and transmitted 
with them to the Clerk of the House of Representatives.— R. S., sec. 
126. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled , That section one 
hundred and twenty-seven of the Revised Statutes of the United 
States be so amended as to read as follows: 

“All officers taking testimony to be used in a contested-election 
case, whether by deposition or otherwise, shall, when the taking of 
the same is completed, and without unnecessary delay, certify and 
carefully seal and immediately forward the same, by mail or by 
express, addressed to the Clerk of the House of Representatives of 
the United States, Washington, District of Columbia; and shall 
also indorse upon the envelope containing such deposition or testi¬ 
mony the name of the case in which it is taken, together with the 
name of the party in whose behalf it is taken, and shall subscribe 
such indorsement. 

“The Clerk of the House of Representatives, upon the receipt of 
such deposition or testimony, shall notify the contestant and the 
contestee, by registered letter through the mails, to appear before 
him at the Capitol, in person or by attorney, at a reasonable time to 
be named, not exceeding twenty days from the mailing of such letter, 
for the purpose of being present at the opening of the sealed pack¬ 
ages of testimony and of agreeing upon the parts thereof to be 
printed. Upon the day appointed for such meeting the said Clerk 
shall proceed to open all the packages of testimony in the case, in 
the presence of the parties or their attorneys, and such portions of 
the testimony as the parties may agree to have printed shall be 


7 


printed by the Public Printer, under the direction of the said Clerk; 
and in case of disagreement between the parties as to the printing of 
any portion of the testimony, the said Clerk shall determine whether 
such portion of the testimony shall be printed; and the said Clerk 
shall prepare a suitable index to be printed with the record. And 
the notice of contest and the answer of the sitting member shall also 
be printed with the record. 

“If either party, after having been duly notified, should fail to 
attend by himself or by an attorney, the Clerk shall proceed to open 
the packages, and shall cause such portions of the testimony to be 
printed as he shall determine. 

“He shall carefully seal up and preserve the portions of the testi¬ 
mony not printed, as well as the other portions when returned from 
the Public Printer, and lay the same before the Committee on Elec¬ 
tions at the earliest opportunity. As soon as the testimony in any 
case is printed the Clerk shall forward by mail, if desired, two copies 
thereof to the contestant and the same number to the contestee; 
and shall notify the contestant to file with the Clerk, within thirty 
days, a brief of the facts and the authorities relied on to establish 
his case. The Clerk shall forward by mail two copies of the con¬ 
testant’s brief to the contestee, with like notice. 

“Upon receipt of the contestee’s brief the Clerk shall forward two 
copies thereof to the contestant, who may, if he desires, reply to new 
matter in the contestee’s brief within like time. All briefs shall be 
printed at the expense of the parties, respectively, and shall be of 
like folio as the printed record; and sixty copies thereof shall be 
filed with the Clerk for the use of the Committee on Elections.” 

Approved March 2, 1887. 

Every witness attending by virtue of any subpoena herein directed 
to be issued shall be entitled to receive the sum of seventy-five cents 
for each day’s attendance, and the further sum of five cents for every 
mile necessarily traveled in going and returning. Such allowance shall 
be ascertained and certified by the officer taking the examination, 
and shall be paid by the party at whose instance such witness was 
summoned.— R. S., sec. 128. 

Each judge, justice, chancellor, chief executive, officer of a town or 
city, register in bankruptcy, notary public, and justice of the peace 
who shall be necessarily employed pursuant to the provisions of this 
chapter, and all sheriffs, constables, or other officers who may be 
employed to serve any subpoena or notice herein authorized, shall be 
entitled to receive from the party at whose instance the service shall 
have been performed such fees as are allowed for similar services in 
the State wherein such service may be rendered.— R. S., sec. 129. 

No payment shall be made by the House of Representatives, out 
of its contingent fund or otherwise, to either party to a contested- 
election case for expenses incurred in prosecuting or defending the 
same.— R. S ., sec. 130. 

That hereafter no contestee or contestant for a seat in the House 
of Representatives shall be paid exceeding two thousand dollars for 
expenses in the election contest, and before any sum whatever shall 
be paid to a contestant or a contestee for expenses of election contests 
he shall file with the clerk of the Committee on Elections a full and 
detailed account of his expenses, accompanied by the vouchers and 
the receipt for each item, which account and vouchers shall be sworn 


8 


to by the party presenting the same, and no charges for witness fees 
shall be allowed in said account unless made in strict conformity to 
section one hundred and twenty-eight, Revised Statutes of the 
United States .—Statutes at Large, vol. 20, p. JfiO. 

It has been customary in the consideration of a contested-election 
case to permit the contestant to be heard in his own behalf; and he 
is subject to all the rules of debate which are applicable to Mem¬ 
bers. — Journal, I, 28, p. 1012. (See Rule XXXIV.) 

All questions relating to the right of a Member to his seat have 
uniformly been held to be questions of privilege, and hence take 
precedence of other business. 


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